(1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive). (2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order. (3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.
Bharatiya Nagarik Suraksha Sanhita
Section 115
Assistance in relation to orders of attachment or forfeiture of property
⚡ Quick Answer Reference: Section 115 BNSS
- Provision: Section 115 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section allows Indian courts to attach or forfeit property obtained from committing an offence, and to request foreign courts to do the same.
What does Section 115 of BNSS say?
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What does Section 115 of BNSS mean?
Plain English Explanation
This section allows Indian courts to attach or forfeit property obtained from committing an offence, and to request foreign courts to do the same.
Practical Interpretation
In practice, this section enables cooperation between Indian courts and foreign authorities to seize assets linked to criminal activities.
Core Legal Purpose
The core purpose is to facilitate international cooperation in combating crime by allowing for the attachment or forfeiture of criminally derived assets across borders.
- •Reasonable grounds to believe the property was obtained from an offence
- •The property is suspected to be in a contracting State or a request is received from a contracting State
- •The court's order for attachment or forfeiture under sections 116 to 122
- •The requirement for the Central Government to forward requests to the appropriate court for execution
Practical Example of Section 115 BNSS
Rajesh, an Indian national, is suspected of laundering money in a foreign country. The Indian court issues an order to attach Rajesh's assets in that country. The court then sends a letter of request to the foreign court, which executes the order and seizes the assets. Conversely, if a foreign court requests India to attach assets of an individual suspected of committing an offence in that country, the Central Government forwards the request to the appropriate Indian court for execution.
Frequently Asked Questions about Section 115 BNSS
Q: What is the punishment or consequence under Section 115 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to any person whose property is suspected to be derived from the commission of an offence, without distinction between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable; it pertains to the procedure for attachment or forfeiture of property.
Common Questions about Section 115 BNSS
What is Section 115 of BNSS?
Section 115 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Assistance in relation to orders of attachment or forfeiture of property". In plain terms: This section allows Indian courts to attach or forfeit property obtained from committing an offence, and to request foreign courts to do the same.
What is the punishment under Section 115 of BNSS?
Section 115 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 115 of BNSS bailable or non-bailable?
Section 115 of BNSS is generally a Bailable offence (or bail is frequently granted depending on severity).
What are the elements of Section 115 of BNSS?
The essential elements of Section 115 of BNSS are: Reasonable grounds to believe the property was obtained from an offence; The property is suspected to be in a contracting State or a request is received from a contracting State; The court's order for attachment or forfeiture under sections 116 to 122.
Landmark Judgments under Section 115 BNSS
Sections commonly cited alongside Section 115
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